claytoncramer

Make sure you read that overview of fair use--you will see that there's really no way to know for sure what constitutes fair use. A scholarly purpose will get more leeway than a commercial one--but there's no strict standard. Worst of all: these lawsuits are being filed without any warning …

It turns out that Fair Use is more flexible and confusing than you might at first guess. Rosemont Enterprises, Inc. v. Random House, Inc., 366 F. 2d 303, 307 (2d Cir. 1966): "The fundamental justification for the privilege lies in the constitutional purpose in granting copyright protection in the first …